31978R2738

25 . 11 . 78 Official Journal of the European Communities No L 330/9

COMMISSION REGULATION (EEC) No 2738/78 of 24 November 1978 fixing the import levies on frozen beef and veal

THE COMMISSION OF THE EUROPEAN Whereas, if it is found that the price of adult bovine COMMUNITIES, animals on representative Community markets is higher than the guide price, the levy applicable equals the following percentage of the basic levy : Having regard to the Treaty establishing the European Economic Community, (a) 75 % where the market price is less than or equal Having regard to Council Regulation (EEC) No to 1 02 % of the guide price ; 805/68 of 27 June 1968 on the common organization (b) 50 % where the market price is more than 102 % of the market in beef and veal ('), as last amended by and less than or equal to 104 % of the guide Regulation (EEC) No 425/77 (2), and in particular price ; Article 12 (8) thereof, (c) 25 % where the market price is more than 104 % Having regard to the opinion of the Monetary and less than 106 % of the guide price ; Committee, (d) 0 % where the market price is more than 106 % of the guide price ; Whereas under Article 9 of Regulation (EEC) No 805/68 a levy is applicable to the products specified in Article 1 ( 1 ) (a) of that Regulation whereas Article 12 fixes the amount of the levy applicable by reference to Whereas, if it is found that the price of adult bovine a percentage of the basic levy ; animals on representative Community markets is equal to or less than the guide price, the levy appli­ cable equals the following percentage of the basic Whereas, in respect of the types of frozen meat listed levy : in section (b) of the Annex to the said Regulation under subheading 02.01 A II b) 1 , the basic levy is determined by reference to the difference between : (a) 100 % where the market price is more than or equal to 98 % of the guide price ; — the guide price multiplied by a coefficient repre­ senting the ratio existing in the Community (b) 105 % where the market price is less than 98 % between the price of fresh meat of a category and more than or equal to 96 % of the guide competitive with the frozen meat in question, price ; presented in the same form, and the average price of adult bovine animals, and (c) 110 % where the market price is less than 96 % and more than or equal to 90 % of the guide — the Community free-at-frontier offer price for price ; frozen meat, plus the amount of the customs duty and a standard amount representing the specific (d) 114 % where the market price is less than 90 % costs of the import operations ; of the guide price ;

Whereas, by Commission Regulation (EEC) No 586/77 of 18 March 1977 laying down rules for the Whereas the guide prices for adult bovine animals to application of the levies on beef and veal and be applied from 22 May 1978 have been fixed by amending Regulation (EEC) No 950/68 on the Council Regulation (EEC) No 995/78 of 12 May Common Customs Tariff (3), as amended by Regula­ 1978 (5); tion (EEC) No 2658/78 (4), the abovementioned coeffi­ cient, calculated in accordance with the rules laid down in Article 11 (2) (a) of Regulation (EEC) No Whereas the Community free-at-frontier offer price 805/68 , has been fixed at 1-69 units of account and for frozen meat is determined by reference to the the standard amount referred to in Article 1 1 (2) (b) of world market price based on the most representative the said Regulation has been fixed at 5-5 units of purchasing possibilities, as regards quality and quan­ account ; tity, recorded over a certain period preceding the fixing of the basic levy, taking into account in parti­ (») OJ No L 148, 28. 6. 1968, p. 24. cular : (2) OJ No L 61 , 5. 3. 1977, p. 1 . (3) OJ No L 75, 23. 3. 1977, p. 10 . (4) OJ No L 320, 14. 11 . 1978, p. 10. (5) OJ No L 130, 18 . 5. 1978, p. 1 .

No L 330/ 10 25 . 11 . 78 Official Journal of the European Communities

— foreseeable developments on the market in frozen certain other cattle in the Community (J), as last meat, amended by Regulation (EEC) No 1029/78 (2);

— the most representative prices on third country markets for fresh and chilled meat of a category Whereas, for Member States with several representa­ which is competitive with frozen meat, tive markets, the price of each category and quality is equal to the arithmetic mean of the prices recorded — past experience ; on each of those markets ; for representative markets held several times in one period of seven days, the price of each category and quality is equal to the arith­ metic mean of the prices recorded on each market Whereas the basic levy on the types of frozen meat listed in section (b) of the Annex to Regulation (EEC) day ; whereas in respect of Italy the price of each cate­ No 805/68 under subheadings 02.01 A II b) 2 to 4 is gory and quality is equal to the average, weighted by equal to the basic levy fixed for the product falling the special weighting coefficients fixed in Annex II to within subheading 02.01 A II b) 1 , multiplied by a Regulation (EEC) No 610/77, of the prices recorded in standard coefficient fixed for each of the products in the surplus and deficit zones ; whereas the price question ; whereas these coefficients were fixed in recorded in the surplus zone is equal to the arithmetic Annex II to Regulation (EEC) No 586/77 ; mean of the prices recorded on each of the markets within that zone ; whereas in respect of the United Kingdom the weighted average prices of adult bovine animals recorded on the representative markets of Whereas, for the purpose of fixing the free-at-frontier Great Britain on the one hand and Northern Ireland offer prices, offer prices that do not correspond to real on the other are adjusted by the coefficient fixed in purchasing possiblities or that relate to unrepresenta­ the abovementioned Annex II ; tive quantities may not be taken into account ; whereas offer prices are also excluded when the move­ ment of prices in general or the information available Whereas prices for the different categories and quali­ gives reason to believe that they are unrepresentative ties not obtained from prices which are 'live weight of the true trend of prices in the country of origin ; excluding tax', are multiplied by the live weight conversion coefficients fixed in Annex II to the said Regulation and, in the case of Italy, are first increased Whereas, where the free-at-frontier offer price for or reduced by the corrective amounts fixed in the said frozen meat differs by less than one unit of account Annex ; per 100 kilograms from that previously used for the calculation of the levy, the latter price is retained ; Wherea if one or more Member States, for veterinary or health reasons for example, adopt measures affecting the normal trend of prices recorded on their Whereas pursuant to Article 12 (6) of Regulation (EEC) No 805/68 the price of adult bovine animals on markets, the Commission may disregard the prices representative Community markets is the price esta­ recorded on the market or markets in question, or use blished on the basis of prices recorded over a period the latest prices recorded on the market or markets in to be determined on the representative market or question before the entry into force of such measures ; markets of each Member State for the various catego­ ries of adult bovine animals or of meat from such Whereas in the absence of information, prices animals, taking into account the size of each of these recorded on representative Community markets are categories and the relative size of the bovine herd of each Member State : determined mainly by reference to the most recently recorded prices ;

Whereas the prices of adult bovine animals recorded Whereas, for such period as the price of adult bovine on the representative market or markets of each animals recorded on representative Community Member State are equal to the average, weighted by markets differs by less than 0-20 unit of account per the relevant coefficients, of the prices for the various 100 kilograms of live weight from the price previously qualities of adult bovine animals or meat of such used, the latter is retained ; animals over a period of seven days in that Member State at a particular wholesale marketing stage ; whereas the representative markets, categories and Whereas the levies must be so fixed that obligations qualities of products and weighting coefficients are arising from international agreements concluded by fixed in Annex II to Commission Regulation (EEC) the Community continue to be fulfilled. No 610/77 of 18 March 1977 on the determination of prices of adult bovine animals on representative (!) OJ No L 77, 25. 3. 1977, p. 1 . Community markets and, the survey of prices of (2) OJ No L 132, 20. 5. 1978, p. 63.

25 . 11 . 78 Official Journal of the European Communities No L 330/ 11

Whereas the various cuts of frozen meat are defined each of these currencies, recorded over a given in Regulation (EEC) No 586/77 ; period, against the Community currencies referred to in the previous indent ; Whereas, pursuant to Article 33 (2) of Regulation (EEC) No 805/68, the nomenclature used in this Regu­ Whereas, having regard to the provisions of the afore­ lation is incorporated in the Common Customs mentioned Regulations, and in particular to the data Tariff ; and quotations available to the Commission, the levies on frozen beef and veal should be as set out in the Whereas the levies are fixed before the 27th day of Annex to this Regulation, each month and are applicable from the first Monday of the following month ; whereas these levies may be altered in the period between two fixings where the basic levy is altered, or in the case of changes in the HAS ADOPTED THIS REGULATION : prices recorded on Community representative markets ; Article 1 Whereas, to enable the levy system to function normally, the following should be used to calculate The import levies on frozen beef and veal shall be as the levies : specified in the Annex to this Regulation. — for currencies whose spot rates are maintained at any given moment within a spread of 2-25 % , a Article 2 conversion rate based on their actual par values ; — for other currencies, a conversion rate based on This Regulation shall enter into force on 4 December 1978 . the arithmetic mean of the spot exchange rates of

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 November 1978 .

For the Commission

Finn GUNDELACH Vice-President

No L 330/ 12 Official Journal of the European Communities 25. 11 . 78

ANNEX

to the Commission Regulation of 24 November 1978 fixing the import levies on frozen beef and veal ( 1) for the period beginning 4 December 1978 (u.a./100 kg)

CCT heading No Levy

— Net weight —

02.01 A lib) 1 109.1 99 02.01 A lib) 2 87.359 (a) 02.01 A lib) 3 136.499 02.01 A II b) 4 aa) 163.800 02.01 A II b) 4 bb) 1 1 136.499 (a) 02.01 A lib) 4 bb) 22 (b) 136.499 (a) 02.01 A lib) 4 bb) 33 187-823 (a)

(') In accordance with Regulation (EEC) No 706/76, levies are not applied to imports into the French overseas departments of products originating in the African, Caribbean and Pacific States or in the overseas countries and territories. (a) Where products are imported under the conditions set out in Article 14 of Council Regulation (EEC) No 805/68 of 27 June 1968 and in provisions adopted for its application, the levy is totally or partially suspended in accordance with those provisions. (b) Entry under this subheading is subject to the production of a certificate issued on conditions laid down by the competent authori­ ties of the European Communities.